Free legal aid in the Brazilian Labor Court: who is entitled and how to apply (2026)

*In the Labor Court, free legal aid (justiça gratuita) is available to anyone earning a salary equal to or below 40% of the INSS benefit ceiling — R$ 3,390.22 in 2026 — or to anyone who proves they cannot afford the court costs.* It exempts the beneficiary from court costs and suspends other expenses for as long as they lack resources.

Quick summary

• INSS (National Social Security Institute) ceiling in 2026: R$ 8,475.55 (Interministerial Ordinance MPS/MF No. 13/2026).
• Presumption threshold: 40% of the ceiling = R$ 3,390.22 (CLT, art. 790, §3 — the CLT is Brazil's Consolidated Labor Laws).
• Above that, free legal aid can be obtained by proving lack of resources (art. 790, §4).
• The request is made in the initial claim or at any point in the case.
• Even with free legal aid, someone who misses the first hearing without justification may have to pay court costs (art. 844, §2, upheld by the Federal Supreme Court, STF).

What free legal aid covers

• Court costs — 2% of the award or of the claim value (art. 789).
• Expert fees — in ADI 5766, the STF ruled out charging them to free-legal-aid beneficiaries.
• Loser-pays attorney fees — enforcement is suspended for as long as the beneficiary lacks resources, under the same decision.
• Appeal deposit — required from the employer; the worker does not pay it.

How to apply

1. In the initial claim, include a section titled "Da justiça gratuita" requesting the benefit under art. 790, §§3 and 4, of the CLT.
2. Attach a declaration of financial need signed by you, stating that you cannot bear the expenses without harming your own or your family's support.
3. Attach proof: latest payslip, work card, unemployment insurance statement or proof that you have no income.
4. If the judge denies it, the issue can be raised again in the ordinary appeal.

Practical example

Maria earned R$ 2,900 per month when she was dismissed. Since that amount is below R$ 3,390.22, the rule in art. 790, §3 works in her favor. João earned R$ 5,000, but he is unemployed and supports two children: he can also request free legal aid by proving his current lack of resources.

Frequently asked questions

What is the income limit for free legal aid in the Labor Court in 2026?

R$ 3,390.22, which is 40% of the INSS ceiling of R$ 8,475.55.

Can someone earning more than the limit get free legal aid?

Yes, if they prove they cannot pay the costs without harming their own support.

Does free legal aid apply to appeals?

Yes. Free legal aid, once granted, stays with the case, including at the appeal stage.

If I lose, do I pay the employer's attorney fees?

There may be an order to pay, but for free-legal-aid beneficiaries, collection is suspended for as long as they lack resources, under ADI 5766.

Read more in this series

• Labor Court: how it works and how to file a claim
• Labor lawyer fees: contingency, contract and loser-pays
• Jus postulandi: how to sue without a lawyer
• How to find a labor lawyer: free, contingency, court-appointed or private
• Index: complete guide to labor rights